The standoff, which happened just after 2 a.m., was prompted by two 911 calls. The first call reported Spohn was harassing hotel staff and the second reported a possible gunshot outside the hotel. He displayed a handgun and fired three shots at police after being Tasered by an officer.

After reviewing the evidence over the past few weeks, Mollen said he would not pursue any further legal action or release a public report on his investigation.

“The shooting was justified under law, and that’s really the extent of what we’re going to say,” he said.

But exactly how Mollen went about his investigation — and what documents he used to make his determination — remains unclear.

On Tuesday, Mollen told a Press & Sun-Bulletin reporter his investigation was complete and that he had looked at police reports and other evidence to make a determination.

On Thursday, however, Binghamton Police Cpt. John Chapman denied this newspaper’s Freedom of Information Law request for the police and internal affairs reports. His reasoning: they had not been completed or sent to the DA’s office.

“None will be available until that process is done,” Chapman said in an e-mail.

In a follow-up interview, Mollen acknowledged he had not seen all of the information regarding the shooting of Spohn, who police said had a blood alcohol content of 0.26, more than three times the legal limit for drunk driving.

“I can’t say that I reviewed all police reports and statements, or that I have received such,” Mollen said in an e-mail.

He added later: “I have seen numerous police reports and statements. I was personally involved in the investigation/review during the first days and weeks after the shooting.”

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Later Thursday — less than four hours after the police captain’s initial e-mail — Chapman said Mollen did, in fact, have the reports, and parts of them may be released to the newspaper as early as Monday.

Robert Freeman, executive director of the New York State Committee on Open Government, said agencies should release most reports, regardless of whether they are complete. One possible reason for denial would be when information could hinder an active investigation.

Reviewing procedures

Under New York state law, the district attorney typically conducts the independent review of shootings involving police, Albany Law School professor Laurie Shanks said.

The DA determines whether evidence warrants a grand jury review of a case, which is required to seek an indictment and pursue criminal charges in court.

Some communities, such as the City of Albany, also have an independent police review board that investigates shootings. But Shanks said these boards typically consist of area attorneys and community members and lack grand jury authority to subpoena witnesses, which weakens their investigation.

“If I had to choose between the grand jury reviewing and the police review board, I would choose the grand jury,” Shanks said, adding the only concern with DA investigations is that office works with police on a regular basis during prosecutions.

Binghamton does not have an independent police review board.

City spokesman Andrew Block said the police department’s Internal Affairs division conducts a review and submits findings to the DA.

In reference to this particular instance, Shanks said it’s prudent for the DA to review all reports before making a final determination.

“As a general matter, transparency increases the confidence that the public has in the police department,” she said.

Past cases

In the past, Mollen has released detailed public reports about his office’s investigations into other shootings involving police. He has also referred cases to a grand jury to pursue further legal action.

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But those cases that went to grand jury review, he said, involved potential criminal charges — either against police or the person shot by officers.

For example, a grand jury handed down an indictment of Wayne Hicks after he was shot by Vestal police in October 2011. Hicks, who was driving a car that hit an officer, was convicted of two counts of assault and one count of larceny and was recently sentenced to six years in prison, Mollen said.

For example, if a mentally ill person is shot after a confrontation with police, it would prompt a DA to present plans to improve available services to try to prevent the scenario from happening again, Mollen said.

Such a report was issued after Binghamton police lawfully shot a schizophrenic man, Peter Sablich, who was attempting to set fire to his apartment and threatened officers with a knife in 2006. At 44 pages, that report provides details of police reports and evidence reviewed by the DA.

As for the DA investigation of police shooting Spohn, Mollen said the legal question involving the use of force was “clear-cut.”

“There did not appear to be broader criminal justice issues deserving of a public report,” he said.